Cuevas Talavera v. Holder , 361 F. App'x 773 ( 2010 )

FILED
NOT FOR PUBLICATION JAN 06 2010
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS
FOR THE NINTH CIRCUIT
ANA ROSA CUEVAS TALAVERA, No. 07-70360
Petitioner, Agency No. A095-414-676
v.
MEMORANDUM *
ERIC H. HOLDER Jr., Attorney General,
Respondent.
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted December 15, 2009 **
Before: GOODWIN, WALLACE, and CLIFTON, Circuit Judges.
Ana Rosa Cuevas Talavera, a native and citizen of Mexico, petitions for
review of the Board of Immigration Appeals’ order summarily affirming an
*
This disposition is not appropriate for publication and is not precedent
except as provided by 9th Cir. R. 36-3.
**
The panel unanimously concludes this case is suitable for decision
without oral argument. See Fed. R. App. P. 34(a)(2).
AP/Research
immigration judge’s (“IJ”) decision denying her application for cancellation of
removal. We dismiss the petition for review.
We lack jurisdiction to review the IJ’s discretionary determination that
Cuevas Talavera lacks the requisite good moral character for cancellation of
removal. See Moran v. Ashcroft, 395 F.3d 1089, 1091 (9th Cir. 2005) (indicating
that a good moral character determination is only reviewable where it is based on
one of the statutory exclusions found in 8 U.S.C. § 1101(f)), overruled on other
grounds by Sanchez v. Holder, 560 F.3d 1028 (9th Cir. 2009). The IJ’s
discretionary good moral character determination is dispositive of Cuevas
Talavera’s application.
PETITION FOR REVIEW DISMISSED.
AP/Research 2 07-70360